On 13.03.2018 the Bulgarian Commission for Protection of Competition (“BCPC”) published a decision finding that the Bulgarian National Television (“BNT”) and Nurts Digital EAD – a company operating in the sector of construction of networks and facilities in the TMT sector (“Nurts”) did not commit a breach of competition law. The BCPC was seized upon…

In February 2018, the Federal Competition Authority (Bundeswettbewerbsbehörde – “BWB”) introduced an electronic whistleblowing system, which allows individuals to inform the BWB about (alleged) antitrust infringements on an anonymous basis.  Legal Background By amendments to the Austrian Competition Act (Wettbewerbsgesetz), which entered into force on 1 May 2017, the Austrian legislator authorised the BWB to…

Germany’s Federal Supreme Court (Bundesgerichtshof – BGH) has now published its full judgment in EDEKA – wedding rebates (case KVR 3/17) on allegedly anti-competitive requests for preferential rebates and conditions by food retailers. For background on the preceding decisions of the Federal Cartel Office (Bundeskartellamt – BKartA) and Higher Regional Court of Düsseldorf (OLG Düsseldorf)…

The Act on Combating the Unfair Use of Contractual Advantage in the Trade in Agricultural and Food Products (the “Act”) entered into force on July 12th, 2017. Its essential goal is to eliminate unfair market practices from every stage of the food product supply chain. The new legislation was to be (and still is) a…

The Federal Cartel Office (“FCO”) announced on February 1, 2018, to launch a sector inquiry into online advertising (here). This in line with the FCO’s focus on competitive conditions in the digital economy and big data. The FCO follows the French competition authority that started a separate online advertising sector inquiry in 2016 and has…

The Polish competition authority applies the principle of in dubio pro reo in the case concerning a cartel on the domestic certification market (and refuses to use lie detecting devices) On 29 December 2017, the Polish competition authority – the President of the Office of Competition and Consumer Protection (the “OCCP President”) – penalised a…

On 23 January 2018, Germany’s Federal Supreme Court (Bundesgerichtshof – BGH) handed down its judgment on allegedly anti-competitive requests for preferential rebates and conditions by food retailers (case KVR 3/17 – not yet published). This is an important judgment as it removes a major roadblock to antitrust enforcement in the food retail sector in Germany,…

As authorities worldwide step up enforcement of their merger control rules, companies planning deals in 2018 must pay even closer attention to their obligations and conduct throughout the period from early planning up to final merger control clearance. We are seeing more authorities impose heavy fines for an increasingly wide range of pre-clearance conduct, with…

On 19 December 2017 the Federal Administrative Court issued three judgments reversing the sanctions against the producers Pfizer, Eli Lilly and Bayer imposed by the Competition Commission which totaled in CHF 5.7 million. The court concludes that the non-binding price recommendations published by the three pharmaceutical companies did not restrict competition but rather prevented excessive…